Campbell Prenuptial Agreements Lawyers Helping Married Couples Plan for the Future in the Event of a Divorce
If the preparations for your wedding day will include signing a prenuptial agreement, you’re not alone. Preparing a document to protect your assets in the event of divorce is increasingly common. But before you draft an agreement of this kind with your spouse, get legal counsel from experienced prenuptial agreement attorneys in Northern California.
At Hepner & Pagan, LLP, our lawyers have practiced family law for years, helping clients in California with everything from child custody and alimony to prenuptial and postnuptial agreements. We can give you legal guidance as you prepare for marriage, and we’re also here for clients who end up with a divorce. Call our Campbell law firm today to talk to caring family law attorneys.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal document that two spouses might draft as they prepare for marriage. Also called a prenup, this agreement specifies how the couple will divide debts and assets if they get divorced.
To be valid, the document must be in writing. Once it’s complete, both parties must sign it and get it notarized. Before hiring a prenuptial agreement attorney to help draft this document, note that you must fully disclose all your assets and debts. Otherwise, the document won’t be enforceable.
In addition, California law states that you and your spouse have seven days to review the agreement before signing it. During this time, you should have your attorney examine the document to ensure it is fair. Once you both sign it, it will become effective on the day you get married and will last for as long as the marriage. Contact our California law offices to learn more about this legal option from a prenuptial agreement lawyer.
What Do Prenuptial Agreements Include?
Every prenuptial agreement should be unique to the couple that creates it. However, there are certain details that most couples discuss in this document, and they typically involve how to divide assets and debts. Some examples of what to include are:
- What’s considered separate property
- What’s regarded as marital property
- How to split business interests and income
- Who gets inheritances and gifts
- Who gets insurance payouts and retirement accounts
- Who gets spousal support if the couple divorces
Addressing these details regarding your property in your prenuptial agreement is especially important if you have children from a past relationship. You might have assets or inheritances you wish to leave your children, but if these items are community property, your spouse might have a legal right to them unless your prenup states otherwise.
This is just one reason it’s important to create a prenuptial agreement with the help of a prenup attorney at a California legal firm. If you want to know what other benefits to expect from this document, contact skilled prenup attorneys at Hepner & Pagan, LLP today.
What Makes a Prenuptial Agreement Unenforceable in California?
As you draft your prenuptial agreement, be aware that you cannot include certain family law matters. Doing so could keep a California judge from enforcing it during a divorce. Your prenuptial agreement lawyer will help with this so you have a valid prenuptial agreement.
An example of a detail that would invalidate the document is anything to do with child custody. You can’t state how you will share parenting time since this family law issue will be discussed during divorce proceedings. The same goes for child support, as you will get separate court orders for this.
Additionally, your prenuptial agreement can’t discuss details that violate state laws or public policy in California. For instance, you can’t offer to pay your spouse for companionship or threaten to take away assets for infidelity. You also can’t add guidelines that would be grossly unfair to one spouse, such as leaving them with all debt or waiving the right of spousal support when one spouse makes much more money than the other spouse.
In general, you should use this contract to discuss property division matters, including how to handle community property, separate property, and debts in a California divorce. If you need help deciding what to include, hiring an experienced prenuptial agreement lawyer is recommended. Contact our Campbell law offices to schedule a consultation with our caring prenuptial agreement lawyers.
How Can Prenuptial Agreements Attorneys in Campbell Assist You?
At Hepner & Pagan, LLP, we realize how confusing family law issues are. California has many laws and regulations that are not clear to everyone, especially those busy planning a wedding. You deserve to focus on the exciting details of the wedding, not the legal paperwork. Let our prenuptial agreement lawyers handle the legal details so you can enjoy the preparations leading up to marriage.
Our prenup attorneys have extensive experience drafting prenuptial agreements so that new spouses know how to handle property division if they divorce. Whether you’re curious to find out if you need a prenup or are ready to start drafting this document today, call our Northern California firm at 408-688-9153 to talk to an attorney. Our prenup attorneys are eager to help you and your spouse protect your assets as you prepare for marriage in California.